Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-05-25

and such lands shall be appraised
without reference to the improve
ments thereon; provided, that any
bona fde settler who owns one section,
and no more, prior to the enactment shall
have the right to purchase three dry and
strictyl pastural sections upon his making
oath that he is not acting in collision
with others for the purpose Of buying the
land for any other person or corporation,
and that no other person Or corporation
! is directly or indirectly Interested IN the
| purchase Of the same; provided, further,
| that any purchaser and actual settler
upon any of the public free school lands,
university and asylum lands, under any
| former law, who, for any cause, has failed
| to pay the principal and interest, or
either, due the state upon such lands on
| the st day of August, A. D. 1886, and by
| reasons OF sucn failure or default such
purchasers lands has or may be forfeited
to the state, such purchaser shall have
| the prior right, for six months from the
date this act takes effect, to purchase his
SAID land a. such price as the unpaid pTln-
! cipal at the time of the default, and the
| interest due thereon under such former
| purchase up TO the time he purchases IN
der this act shall aggregate; snd such
! purchaser shall in all other respects De
governed hy the same penalties, Testric-
tons and requirements eDi Oined by this
act upon other purchasers and ECtual set
tiers.
Sec. Q. All sales shall be made by the
! Commissioner Of the General Land Office,
or under bis direction, snd he shall pre-
scribe suitable regulations whereby all
purchasers shall be required to reside
upon, as q home. the land purchased by
them, for three consecutive years next
succeeding the date of their purchase,
sucn regulations shall require the pur-
chaser TO reside upon the land for three
consecutive years herein ment oned, and
20 make proper proof of such residence
and occupancy TO the Commissioner of
the General Land Office, within one year
next after the expiration OF said three
years, by his affidavit, COrr0oorGted by
three DISTINGUISHED and credible CitiZ ms
Of the county, 10 be certified TO By some
officer of the county wherein the land is
situated authorized TO administer oatns.
Any person desiring to purchase land III
accordance with the provisions OF this act
shall forward his application TO the COM
missioner, particularly describing the land
sought to be purchased, which application
shall in Gil cases be accompanied with
the affidavit Of the applicant, ia effect
that he desires to purchase the land for
home, and has III good faith settled
thereon: and he shall also swear that ne
Is rot acting IN COLLISION with others
for the purpose Of buying the land for any
other person CT corporation, and that no
other person or corporation is Interested
in the purchase save himself The pur-
ah mi 70 80 a ~
the state one-lortieth OF the aggregate
purchase money for the particular tract
OF land and send &c the c. mmissioner bis
obligation 10 the state, duly executed,
and binding the purchaser TO pay TO the
state on the lst day Of August Of each
war thereafter, until the whCie purchase
money is paid, Cne-fortieth o. the aggre- /
gated price, with interest thereon from
Gate 81 the rate Cl per cent. per annum
on the whole unpaid purchase money,
which interest snail also be payable on
the first day Of August Of each yeGT; and
upon RECEIPT CT one-fOrtieth Of the pur-
chase money by the Treasurer, and the
affidavit and obligation aforesaid by the
Commits Toner, the sale snail be deemed |
and held effective from the Ggte the 2f- |
hdayit and obligation are filed in the
General Land Otfce; provided, that if the |
lsnd applied for be timDered land then
the purchaser shall be required to pay |
the full amount Of tie purchase money at
the time of the purchase.
Sec. 10. All purchasers shall have the !
opuon Of paying the purchase money for |
their lands in fuil at any time after they |
have occupied the same for three consec- |
utive years, and when they have made |
such 8 payment in full, together with the !
proof that they have occupied the land |
and homestead for three consecutive |
years, they shall be entitled 20 receive |
patents for the same upon payment OF the |
patent fees prescribed by law. Purchasers |
may also sell their lands ct any time after
sale is effected under this act, and IL such
cases the vendee or any subsequent ven
dee may Tile MS own obligation with the
Commissioner Of the General Land Office,
together with the duly authenticated con-
yavance or transfer from the original
purchaser, and the Intermediate Yendee's
or transfer, if any there be,
duly recorded in the county where the
lands lies CT TO which it may be attached
for judicial purpose, together with his
i fidaVit, Stating that he desires to pur-
chase the land for a home anG that he
has in good faith settled thereon end
that ne is not acting il collision with 9TH
ers for the purpose OF buying the land
for any other person or corporation, and
that no other person or corporation Is in
terested in the purchase save himself, and
thereupon the original obligation may be
or cancelled, and the vendee
shaIl become the purchaser direct from
the state and be subject to eli the obi
cations and penalties prescribed by this
act, and the original purchaser Shall be
ebsoved.
Sec. IL. II upon the first day of August
of any year the interest due on any obi
cation remains unpaid, the Commissioner
Of the General Land Office shall indorse
on such obligation Gland forfeited" end
shall cause an entry TO that effect 20 be
made on the account kept with the pur-
chaser, and thereupon said land shall be
forfeited to the stste without the necessi-
ty OF re-entry or Judicial asCertainment,
and shall revert to the particular fund 10
which IL originally belonged, and be re-
sold under the provisions Of this act, or
any future law; provided, If any purchaser
shall die, his heirs or legal representa-
tive shall have one year in which to
make payment after August l next, after
such death. And if any purchaser shall
Tail to reside upon or improve in good !
faith, the land purchased by him, he shall
forfeit said land and ell payments made !
thereon to the state, and such land shall !
De again for sale, as if no such sale and {
forfeiture had occurred, or If ne shall {
ail 10 make the proof of occupancy with I
n the time and in the manner prescribed s
~ the regulations OF the Commissioner {
/, the General T,and Office as nroyidad 6